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mediator, the mediation shall be conducted in accordance with the North Carolina Rules <br />Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions, then in <br />effect, or as the parties may otherwise agree. If the parties cannot agree upon a mediator, the selection <br />of a mediator and the mediation process shall be conducted by the American Arbitration Association <br />under its then current Construction Industry Arbitration Rules and Mediation Procedures. The venue <br />for the mediation shall be in Charlotte, North Carolina, unless the parties otherwise agree. <br />20. Miscellaneous Provisions. The following miscellaneous provisions shall apply: <br />a. This Agreement shall be binding upon the successors and assigns of the parties. <br />b. Interpretation and enforcement of this Agreement shall be pursuant to the law of the State <br />of North Carolina. Venue for any litigation under or related to this Agreement shall be in <br />the courts of Mecklenburg County, North Carolina. <br />c. This Agreement constitutes the entire contract between the parties, and it shall be modified <br />or amended only in a writing signed by both parties. <br />IN WITNESS WHEREOF, the CONSULTANT and the OWNER have executed this Contract as of the date <br />written below. <br />OWNER: <br />CABARRUS COUNTY, North Carolina <br />By: <br />John Day <br />Title: County Manager <br />Date: <br />Witness: <br />Londa Strong <br />Title: Parks Director <br />CONSULTANT: <br />W.K. DI SON & CEO., I C. <br />By: _ <br />G. Tim Lowder, PE <br />Title: Vice President <br />Date: jju,,,,n//e,,25~~//,~~2009 ~Q <br />Witness: Y~'~`~~-~'~ ~- "' <br />Billy Royal, EI, L DAP <br />Title: Project Engineer <br />Cabarrus Co SE Park <br />Attachment number 3 <br />G-9 Page 530 of 627 <br />